Jones v Bonta: 9th Circuit panel rules that ban on sale of semiautomatic weapons to citizens under 21 is unconstitutional.

[Silhouette]

I have included an AP wire article below with a detailed summary, but in short the Firearms Policy Coalition sued CA over its ban on sales of semiautomatic weapons to citizens under 21.  A panel in the 9th circuit voted 2 to 1 that this age-based ban was unconstitutional.  This case may be appealed en banc. 

 

If the case stands, it may be influential (but not binding) on the 7th circuit.  In particular, I could see this case being relevant to questions on whether the second amendment demands CCLs be issued at age 18 in Illinois (assuming that SCOTUS finds that the plain language of the second amendment involves bearing arms).  It may also have bearing on handgun sales from FFLs to citizens under 21 if such a case arises again.

 

https://www.firearmspolicy.org/jones

 

https://www.usnews.com/news/politics/articles/2022-05-11/court-californias-under-21-gun-sales-ban-unconstitutional

[Euler]

On 5/11/2022 at 6:28 PM, Silhouette said:

...  It may also have bearing on handgun sales from FFLs to citizens under 21 if such a case arises again.

...

 

The ban on handgun sales by FFLs to people under 21 is federal (GCA 1968). There are other things in GCA 1968 that could do with being overturned, too.

[Silhouette]

Yes, the ban on the purchase of handguns out of state baffles me but isn't obviously unconstitutional. 

 

Based on this case, Heller and Mcdonald, I specifically have trouble seeing how the sale of pistols to adults under 21 can stand at least in the ninth. 

[SiliconSorcerer]

What amazes me is how can it even be just 2 / 1 and not 3 / 0, someone is just too stupid to be a judge. 

[lawman]

It will be reversed en banc.  Logic is meaningless to the ninth circus.

[Texasgrillchef]

All is dependent on what is said in the NYSPRA opinion to be released soon. I am sure any appeals and requests for En Banc hearing will be filed after the opinion is released. 
 

I am sure it will have an impact on if an En Banc is even granted.

 

Keep in mind several other 2A cases are already pending and even on hold with SCOTUS now. 
 

The results of those cases could and probably would have impact on this case.

 

Also keep in mind that there are currently over 25 2A cases “on hold” in abeyance in more then 10 different court systems federal and state waiting on the NYSPRA opinion.

Many of those cases will set a level of precedence in their systems.

 

Yes as someone pointed out earlier. This case will NOT set a precedence for any other circuit court system, including the 7th. This will only effect those states residing within the 9th circuit.

 

However, those cases at SCOTUS level will. This includes NYSPRA as well as those cases on Magazine bans (Duncan and ANJRPC), those on The AWB, and the one on under 21 prohibitions.

 

To everyone I say… patience grasshoppers, once NYSPRA is released it WILL have an impact on every 2A case now pending. 
 

New briefs and Amici will be filed in every single 2A case now in the court system citing in some form what is said in the opinion.

 

[lilguy]

Will these latest mass shootings have any effect on these decisions?

 

[Euler]

Once justices issue a decision, they don't retract it. There'd have to be another case for them to reverse themselves. This one can still be heard en banc.

 

Edited May 31, 2022 at 05:03 AM by Euler

[Silhouette]

Echoing what was said above by TexasGrillChef and Euler, the 9th Circuit has allowed an extension of time to file for a rehearing or en banc hearing until July 25 explicitly acknowledging the potential impact of NYSRPA.

 

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5345/attachments/original/1652791876/Jones_v_Bonta_Joint_Motion_for_Extension.pdf?1652791876